Terms of Reference
Review of Land Rights and Land Management Practices for Rangelands and Pastures

1.Background

1.1.Context

Rangelands account for 79% of Afghanistan’s agricultural land across different agro-ecological areas. Although often sparsely vegetated, they are botanically diverse and home to over 700 endemic plant species. Legally, they are government property, but in practice most rangelands are used as common property. Rangelands are crucial for livestock production, which is of particular importance for the liveli-hoods and food security of poor and landless households. The majority of Afghan farmers are agro-pastoralists, growing crops while also keeping livestock, usually on pastures close to the village. Seasonal grazing on mountain pastures, where temporary herders’ camps are installed, is also practiced. Women use rangelands for fuel and fodder collection and make use of wild plants for medicinal and economic purposes.

In the absence of effective governing systems, a growing population puts increased pressure on range-land resources, resulting in their degradation through erosion processes and putting them at risk of des-ertification. Pastures are overgrazed and forage and fuel woods (bushes, shrubs) are overexploited, while the low adoption of improved technologies, the lack of quality seeds and poor management hinder the rehabilitation of rangelands. Conflicts because of unclear access and user rights are frequent and rangeland conversion to low productivity rain-fed agricultural land is an emerging issue in some parts of the country. The effects of climate change risk to exacerbate these problems, with higher temperatures and less rainfall predicted for large parts of Afghanistan.

1.2.SDC’s strategic orientation

Inclusive socioeconomic development is a focus of the Swiss Cooperation Strategy Afghanistan 2015-2018, implemented by the Swiss Cooperation Office Afghanistan (SCOA) based in Kabul. The main lines of intervention focus on natural resource management and the promotion of increased agricultural production and income. In line with the strategic outcomes, the Rangeland Management project (RAMA) will contribute to improving the livelihoods of poor rural families, while strengthening local governance institutions.

2.Objective and Scope

2.1.Purpose

SDC intends to launch a new long-term intervention in rangeland managementin summer 2018.As a key part of this process, SDC is commissioning this review in order to gain a better understanding of the land use rights and practices in the intervention area of Daykundi province.

The main purpose of this review is to provide an overview of the relevant land use rights for rangelands and pastures and how they are applied (or not) in practice, with a focus on Daykundi province. Special attention should be given to the potential for conflict around land use, either within or between communities, but also between settled communities and nomadic populations (kuchis). The review should also make recommendations on how land use rights/practices could be improved to reduce conflict and improve governance of natural resources.

2.2.Review Questions

While focusing on the above mentioned purpose, the review should give well-defined answers to the following key questions:

  • What is the legal situation around rangelands and pastures? Which laws and policies are currently in place, and to which extent are they applied in practice? What are their strengths and weaknesses? Are new laws or regulations being drafted?
  • What is the community practice for managing rangelands and pastures? Are local governance institutions and systems inclusive and equitable? Which customary land rights are practiced and accepted by communities? What is the nature of conflicts surrounding use of and access to angelands and pasturelands? How are these conflicts resolved?
  • What are practical improvementsthat could be made to improve rangeland and pasture management, both at the national (policy, legal) level and in local practice? How can the role of government institutions (e.g. arazi) be strengthened to improve land management at the local and subnational level?

3.Methodology

The team will conduct a desk review of relevant laws, policies, research and project documents. In Kabul, the team will meet with relevant authorities and agencies involved in land management. The assignment also requires travel to Daykundi province, to gather information on the implementation of national legislation and on local land management practices.

4.Deliverables

a)A brief inception report detailing how the review will be conducted, including key research questions and methodology aligned with the objective and scope of the study, as well as a work plan and a list of potential interviewees.

b)A draft report, providing comprehensive and well-structured information and answering the review questions outlined above.

c)A final report, taking into account SDC’s comments and feedback on the draft report.

5.Required expertise and skills/ Team composition

These TOR arefor a team of two to three consultants (international and national, female and male) with expertise in Afghanistan in land rights, land management, land administration, community-based natural resource management and conflict resolution, and other relevant thematic areas.

6.Logistics and Security

The team must be able to arrange logistics (transport, accommodation, visa) on its own account. SDC will support the team in the visa process upon request. SDC will also facilitate access to relevant information, organizations and stakeholders upon request.

The team is responsible for its own safety and the safety of its staff (including relevant insurances). SDC is not liable for any kind of damage to staff or property and cannot be held accountable for any claims or costs related to injury, death, and loss of or damage to property. SDC will facilitate access to security related information and provide the team with a security briefing upon request.

7.Timeframe

The review will be conducted in November/December 2017. SDC estimates that the assignment can be concluded within a period of 3-4 weeks (timetable below is indicative only).

Preparatory works/ desk review / 5 days
Meetings and data collection in Kabul / 5 days
Meetings and data collection in Daykundi (incl. travel) / 5 days
Report writing / 5 days
Total / 20 days

8.Submission Guideline

Interested consultants are requested to send

a)Up to date CVs of their proposed team members

b)A detailed budget including all costs related to the assignment

c)A brief concept note (max. 3 pages) outlining the approach and methodology, as well as a draft work plan/timetable for the assignment

to SDC Kabul (). Only complete submissions will be taken into consideration and phone calls will not be entertained.

Submissions must be received on or before 26th of October 2017.